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UNIT 7 LAW AND LEGALSOLUTIONSLing Ka Yue, KatieID Number: 199241624The University of Sunderland in Hong KongHND136 Business Law
P1HKSAR Legal System: There are two main legislative systems including in thelegal framework: 1. The Rule of Law 2. The Sources of Law. They are statedand controlled the legal entities inside HKSAR. The following are theevaluation:The Rule of the Law: Most important and being concerned and basic part ofHong Kong legal governing structure. The law emphasizes that anyone inHong Kong, no matter how powerful or authority and essential to our society,also need to be punished if guilty. In addition, the rule of the law stipulates thateveryone in HKSAR is in front of law and equal. The Rule of Law largelyignores the power, wealth and status of the figure in life, which is the primaryand basic of legal frame work. The rule of law promotes justice equally underindependent manner and without relying on the Legislative Council of theHong Kong Special Administrative Region. The independent courts is thejudge. With the help of the rule of law, flaw is particularly important if thegovernment lacks capacity. The rule of law is highly considered in the judicialsystem of HKSAR due to it does not have any form of prejudice.The Source of the law: basically, combine all essentials forms of law which theHong Kong Special Administrative Region must execute with and carry outunder impeccable manner governance. The operation of the HKSARS wasstrengthened by adding the followings.Critical Reflection of Legal System:As the case of “Hong Kong school employing teacher suspected ofhurling animals off building”, From this case, no matter of the role of teachersor who they hurt even animals, they also being sued. This the strength of legalsystem, no matter who they are, it is equal in front of law. And animals alsoknown as life in front of law. This enhanced The Rule of Law and The Sourceof the Law. They were sued and carried witha maximum penalty of threeyears in jail and a HK$200,000 originally.However, the result of this casedisappointed most of the people and disappointed to the law of Hong Kong. Atthe end of the case, Hong Kong Justice Departmentdecided againstprosecuting them reason insufficient evidence. This shows the weakness ofLegal System in Hong Kong. Although anyone can be sued of guilty, even thejudge make decision, once the Hong Kong Justice Department rejected, theycan have final decision and appeal anytime which people may consider theequality, fairness of Legal system of HKSAR. People are not convinced itmeaning of The Rule of Law and The Source of Law.
P2There are six legal laws including in the sources of law in the HKSAR. Theyare the common law and the rule of equity, Legislation and subsidiarylegislation, the customary law, the national law, the basic law and theinternational law.Common law and the rule of Equity in the region of the HKSAR: The commonlaw provide judgement through high of dependent on precedent doctrine.These laws are considered to be the two most important laws by the HongKong Supreme Court. In the past of the draft of judgement are mainlyaccording to the common law basis for to tackle problem with local peopleinside HKSAR region. For the previous cases, established the beginning offramework of common law and enhanced the legal basis for cooperationbetween citizens and governmentsThe Customary law: The Customary law, kind of regulation from Chinagovernment but also can be applied in HKSAR Region. For cases ofargument on purchasing of new territories and claims of property, the HongKong government agreed that implement of the customary law of china isneeded and is correct. The law of New Territories Ordinance, which is underthe customary law is highly obey with the HKSAR courts.National Law: Many legal frameworks of the Chinese Constitution areestablished in the structure of the Hong Kong Special Administrative Region,as implementing the section 18 of the Basic Law. The courts of the HKSARmainly follow the national law due to execution which issued with The NationalPeople Congress’s standing committee.Basic Law: Established when the HKSAR formed on the first of July in 1997.The law was primarily formed and developed by the China government. TheBasic Law highlights the side of in a particular country but having two differenttypes of system. The socialist system and the capitalist system are the twosystems for China and Hong Kong. Inside the HKSAR region jurisdiction, theBasic Law is compulsory implemented and the law implemented before wouldnot be altercate without and need to keep proper regarding. Progression intoany forms on legal structure will cause changes of the law at past because ofthe structure follow the Basic Law. It stated besides the sector of foreign
affairs and defense related problems, the implication of judicial law and theprimary governing regulation is rejected inside the borders of Hong Kong.International Law: Mainly used inside the jurisdiction of the HKSAR. In the lastdecades, it bounded with treaties and pact.Tomake international agreementseffective in the country’s common legislation, the Hong Kong SpecialAdministrative Region government has mainly considered the application ofinternational law. Along with applying the international law inside the region ofHKSAR, developing common law will be blocked in the procedure. Besides,International law help the updated drafted and open up agreements andtreaties to be merged into common law easily and maximum effectiveness.